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which said indenture of release is mentioned and supposed in substance (among other things), “ That for and in consideration of the sum of four thousand and five hundred pounds, of lawful money of Great Britain, to the said J. G. and E. his wife, in band paid by the said J. C. at anci before the sealing and delivery of the said indenture of re. lease, the receipt and payment whereof the said J. G. and E. his wife by the same indenture of release are mentioned to have acknowledged, and of the same and every part ihereof to have acquitted, exonerated, and discharged, the said J. C. his heirs, executors, administrators, and assigns, and every of them, thereby they the said J. G. and E. nis wife had granted, bargained, sold, aliened, released, and confirmed, and by the same indenture of release, have granted, bargained, solu, aliened, released, and confirmed, to the said J. C. as by the same indenture is supposed (in his actual possession then being by virtue of a bargain and sale to him thereof made and granted by the said J. G. and E his wife, in consideration of five shillings, by indenture bearing date the day next before the day of the date of the same indenture of release, for one whole year, to begin froin the day next before the day of the date of the said indepture of bargain and sale, and mentioned to be executed before the supposed sealing and delivery of the same indenture of release, and by force of the statute for transferring uses into possession,) to his heirs and assigns for ever, all that park, commonly called or known by the name of Jawick Park, in the parish of Clackton, in the county of Essex, (setting out the premises as before,) and all the estate, right, title, interest, use, trust, possession, freehold, inheritance, property, claim, and demand, whatsoever, as well in law as in equity, of them the said J. G. and E. his wife, of, in, in, or out of the said park and preinises, and every part and parcel thereot'; and also all deeds, evidences, muniments, escripts, and writings, belonging, touching, or in any wise concerning the same lands, hereditaments, and premises, or any part thereof, to have and to hold the said park, trees, wouds, underwoods, deer, hereditaments, and appurtenances, thereby granted and released, or meant, mentioned, or intended so to be, and every part thereof, to the said J. C. his heirs and assigns, and to the only proper use, benefit, and behoof of the said J. C. and his heirs and assigns," to the great damage of the said J. G. and E. his wife, to the evil exainple of all others in the like case offending, against the
form, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said J. C. being a person of evil name and fame, and of a wicked disposition, and contriving and intending the said J. G. gentleman, and E. his wife, unjustly to aggrieve, and with an intent that the state of freehold of them the said J. and E. G. in right of the said E. of and in certain lands, tenements, and hereditaments, cailed Jawick, in the parish of Clackton, hereinbefore mentioned, in the county of Essex, and the right, title, and interest of the said J. and E. of and in the same, should be molested and troubled, on, &c. with force and arms, at, &c. falsely did pronounce and publish one false, forged writing, sealed, purporting to be sealed and delivered by the said J. G. and E. bis wife, as a true writing, he the said J. C. knowing that writing to be a false, forged, and counterfeited writing, the same writing in itself purporting to be an indenture of bargain and sale for one year, and to bear date on the twenty-first day of September, in the said first year of the reign of our said lord the now king, and to be made between the said J. and E. by the names of J. G. of the city of Gloucester, gentleman, and E. his wife, of the one part, and the said J. C. by the name of J. C. of London, merchant, of the other part; in which same last-mentioned indenture of bargain and sale is mentioned and supposed in substance (among other things, that for (set out the indenture of lease as in the first count,) (be the said J. C. at the said time that be the said J. C. as aforesaid did publish and pronounce the said false forged writing, as a true writing, well knowing that writing to be falsely forged,) to the great damage of the said J. G. and E. his wife, to the evil example of all others in the like case offending, against the form, &c. and against the peace, &c. (Fourth count for publishing the release.)
134. For forging (c) a bank of England note, and uttering
the same. Lancashire, to wit. That J. B. late of, &c. labourer,
(c) The stat, 15 Geo. 2. c. counterfeit, or alter, any bank 13.8. 11, enacts, thatifany per- note, haok bill of exchange, son or persons shall forge, dividend warrant, or any boud
heretofore, that is to say, on, &c. with force and arms, at, &c. feloniously did forge and counterfeit (d) a certain bank
or obligation, under the com- and to appear visible in the mon seal of the said company, substance of the paper, &c. fe(i. e. Bank of England,) or any lony, and transportation for indorsement thereon, or shall fourteen years. offer, or dispose of, or put 41 Geo. 3. c. 39, kuowingly away any such forged, coun- receiving, or having in possesterfeit, or altered vote, &c. or sion, forged bank-notes, &c. the indorsement thereon, or without lawful excuse, felony, demand the money therein and transportation for ) 4 years. contained, or pretended to be Engraving, &c. on plate, &c. due thereon, or any part there any bank note, &c. &c. purof, of the said company, or any porting to be of the Bank of of their officers or servants, England, or using such plate, knowing such note, &c. to be &c. or knowingly having such forged, counterfeit, or altered, in possession, without written with intent to defraud the said authority, or attering, &c. fecompany or their successors, Tony and transportation for seor any other person or persons ven years. whatsoever, every person or The st. 45 G. 3. c. 89. s. 2. persons so offending, and be enacts, that if any person or ing thereof convicted, in due persons shall forge, counterform of law, shall be deemed feit, or alier, any bank note, guilty of felony without bene- bank bill of exchange, divifit of clergy.
dend warrant, or any boud or By 13 Geo. 3. c. 79. making obligation under the common or knowingly having in posses- seal of the governor and comsion, instruments for making pany of the Bank of England, paper, with the words “ Bank or any indorsement thereon, or of England,” visible in the shall offer, or dispose of, or put substance of it, is a capital fe- away, any such forged, couulony. Engraving notes, &c. terfeit or altered note, bill, diwith like words, or with the vidend warrant, bond, or oblisums in white letters op black gation, or the indorsement ground, or knowingly having thereon, or demand the money such in possession, or altering, therein contained, or pretend&c. subject to imprisonment, ed to be due thereon, or any 41 Geo. 3. (U. K.) c. 39.- part thereof, of the said comMaking,, or having in posses- pany, or any of their officers or sion without authority, any in- servants, knowing such note, strument for making paper, of bill, dividend warrant, bond, the sort therein described, with or obligation, or the indorsecurved barlines, or the sums ap- ment thereon, to be forged, pearing in the substance of the counterfeited, or altered, with paper, or procuring the nu- intent to defraud the said gomerical sum of any bank note, vernor and.company, or their
note (e), the tenor (f of which said forged and counterfeit bank note is as followeth, that is to say, (the note is here set out verbatim (g), ) with intent (h) to defraud the governor and company of the bank of England, against the form of the statute, &c. and against the peace, &c.
(2nd Count.) That the said J. B. beretofore, that is to say, on, &c. with force and arms, at, &c. did dispose of and put away (i) a certain forged and counterfeited bank note, the tenor of which said last-mentioned forged and counterfeit bank note is as followeth, that is to say, (the note,) with intent to defraud the governor and company of the
successors, or any other person printed, he shall be adjudged or persons, body or bodies po- a felou, and shall be translitic or corporate, whatsoever, ported for the space of 14 every person or persons so of years. fending, and being thereof (d) These are the words of convicted, in due form of law, the statute; it is unnecessary shall be deemed guilty of fen to allege that he did falsely long, and suffer death as a fe- forge and counterfeit, see p.91. lon, without benefit of clergy. This count is framed upon the
By sec. 3. of the same stat. stat. 45 G. 3. C. 89. s. 2. if any unauthorised person (e) It is essential to shew, shall make use, &c. or have in that the instrument forged is possession, without lawful ex. of the description prohibited cuse, (the proof whereof shall by the stat, see p. 97. As to lie on the party accused,) any the averments which are neframe, mould, or instrument cessary, when the forged writfor the making of paper with ing does not purport to be of curved or waiving bar lines, or the kind prohibited, see p. 97. with the laying wire lines ) As to the words by which thereof in a waved or curved the instrument is usually inshape, or with any number, troduced, see p. 93. Lyon's sum, or amount, expressed in case, Leach, 696. a word or words in Roman let. (g) As to the accuracy with ters, visible in the substance of which the forged writing such paper; or who shall make, should be set out, see p. 93. use, or vend, &c. the same, or 95. shall knowingly have such in (h) See p. 103. 168. as to possession, or shall cause or the general necessity for averprocure the numerical sum or ring an intent to defraud, in amount of any bank note, &c. case of perjury, the form of the in any word or words in Roman averment, aud the effects of letters, to appear visible in the variance. substance of the paper,whereon (i) According to the words the same shall be written or of the act, 45 G. 3. c. 89. s. 2,
bank of England; he the said J. B. at the said time of his so disposing of and putting away the said last-mentioned forged and counterfeit bank note, then and there, to wit, on, &c. at, &c. well knowing such last-mentioned note to be forged and counterfeited, against the form of the statute, &c. and against the peace, &c. .
(3rd Count (k).) Feloniously, did falsely make (l), forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting a certain promissory note for the payment of money, the tenor of whicis said last-mentioned false, forged, and counterfeited note is as followeth, that is to say, (note as before,) with intention to defraud the governor and company of the bank of England, against the form (m), &c. and against the peace, &c.
(k) This count is framed intent to defraud any corporaupon the stat. 45 G. 3. c. 89. tion whatsoever, or shall utter or which supersedes the stat. 2 publish as true, any false, foryG. 2. c. 25. the operation of ed, or counterfeited deed, &c. which was extended to the pro- with intent to defraud any pertection of corporations by the son or corporation,) knowing stat. 31 G. 2. c. 22. s. 78. the same to be false, forged,
(1) See the words of the and counterfeited, every such statute,
person, being thereof lawfully (m) By the stat. 2 G. 2. convicted, shall be deemed c. 25. made perpetual by the guilty of felony without benefit st. 9. G. 2. c. 18. if any person of clergy. shall falsely make, forge, or The stat. 7 G. 2. c. 22, counterfeit, or cause or procure made to supply the defects of to be falsely made, &c. or wil- the former acts, which it relingly act or assist in the false cites, and reciting farther that making, &c. any deed, will, tes- no punishment is inflicted by tament, bond, writing obliga- the said act on such as commit tory, bill of exchange, promiso the offences therein after set sory note for payment of mo- forth, enacts, that “if any perney, indorsement, or assign- son shall falsely make, alter, ment of any bill of exchange forge, or counterfeit, or cause or promissory note for payment or procure to be falsely made, of 'money, or any acquittance &c. or willingly act or assist in or receipt either for money or the false making, &c. any acgoods, with intent to defraud ceptance of any bill of exany person whatsoever, (and by change, or the number or prinstat, 31 G. 2. c. 22. s. 78. with cipal sum of any accountable